PRIOR PRINTER'S NO. 1020 PRINTER'S NO. 2094
No. 919 Session of 1995
INTRODUCED BY LEH, SURRA, FARGO, MICHLOVIC, GEIST, ITKIN,
S. H. SMITH, WOZNIAK, DEMPSEY, LEDERER, ZUG, TRELLO, RUDY,
MELIO, RAYMOND, ROHRER, B. SMITH, NYCE, RUBLEY, HERSHEY,
KING, SEMMEL, YOUNGBLOOD AND BELFANTI, FEBRUARY 28, 1995
AS REPORTED FROM COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS,
HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 13, 1995
AN ACT
1 Amending the act of July 1, 1987 (P.L.187, No.24), entitled "An <--
2 act requiring retail gasoline dealers to post gasoline
3 additive information; and imposing penalties," requiring the
4 Department of Agriculture to establish standards relating to
5 octane levels and additives, to develop a testing program and
6 to enforce the standards established.
7 PROVIDING FOR THE ESTABLISHMENT OF AN AUTOMOTIVE FUEL TESTING <--
8 AND DISCLOSURE PROGRAM, FOR STANDARDS FOR AUTOMOTIVE FUEL AND
9 FOR INSPECTION, SAMPLING AND TESTING OF AUTOMOTIVE FUEL;
10 IMPOSING POWERS AND CONFERRING DUTIES ON THE DEPARTMENT OF
11 AGRICULTURE; AND PROVIDING FOR PENALTIES.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1 of the act of July 1, 1987 (P.L.187, <--
15 No.24), entitled "An act requiring retail gasoline dealers to
16 post gasoline additive information; and imposing penalties," is
17 amended by adding definitions to read:
18 Section 1. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
1 * * *
2 "Department." The Department of Agriculture of the
3 Commonwealth.
4 * * *
5 "Octane rating." The rating of the antiknock characteristics
6 of a grade or type of gasoline.
7 * * *
8 Section 2. Sections 2 and 3 of the act are amended to read:
9 Section 2. Posting of gasoline additive information.
10 (a) Requirement.--All retail service station dealers shall
11 conspicuously post on each pump from which gasoline [containing
12 gasoline additives] is dispensed a sign clearly indicating
13 [that] the octane rating and whether the gasoline contains
14 gasoline additives, the type or types of gasoline additives
15 contained in the gasoline and the maximum percentage by volume,
16 to the nearest whole percent, of each gasoline additive.
17 (b) Size of sign.--The information required by subsection
18 (a) shall be conveyed in bold block lettering at least one-
19 quarter inch in size.
20 (c) Visibility.--If a pump is used to dispense gasoline on
21 more than one driveway, the sign or signs required by subsection
22 (a) shall be placed on both sides of the pump so that a sign
23 shall be clearly visible from each driveway.
24 Section 3. Notification [by manufacturers] of octane and
25 gasoline additive information.
26 (a) General rule.--[Manufacturers of gasoline which contains
27 gasoline additives shall notify gasoline purchasers, in writing,
28 as to the presence of the additives. This requirement shall
29 continue for each seller until the product is resold to the
30 public.
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1 (b) Pump signs.--] A refiner, distributor or reseller shall
2 not transfer, sell or dispense gasoline for sale in this
3 Commonwealth without delivering to the purchaser a bill, invoice
4 or other instrument evidencing the transaction which shall
5 indicate:
6 (1) the presence of methanol and co-solvent, each as a
7 percentage of the total volume, if the quantity of methanol
8 exceeds 0.3%;
9 (2) the presence of ethanol, as a percentage of the
10 total volume, if such quantity exceeds 1% of the total
11 volume;
12 (3) the presence of lead additive, expressed in terms of
13 a part per gallon, if the quantity of lead additive is in
14 excess of the threshold adopted by the Secretary of
15 Agriculture; and
16 (4) the minimum octane rating.
17 (b) Form.--For the purposes of this section, the instrument
18 evidencing the transaction shall be on such form as may be
19 required by the department. The department shall consult with
20 the Department of Revenue and to the extent practicable, the
21 form used for certification of prepayment of the sales tax and
22 payment of motor fuel tax shall be modified and adapted for this
23 purpose, such that said form shall indicate the brand, type and
24 quality of each product delivered.
25 [(1) The manufacturers]
26 (c) Pump signs.--The manufacturer, refiner, distributor or
27 reseller also shall provide anyone who purchases the gasoline
28 for resale to the public or to retail service station dealers
29 with an adequate number of pump signs [meeting] to meet the
30 posting requirements of this act and which meet the following
19950H0919B2094 - 3 -
1 criteria:
2 [(i)] (1) The pump sign shall indicate [that] the octane
3 rating and whether the gasoline dispensed from that pump
4 contains gasoline additives and shall set forth the maximum
5 percentage by volume, to the nearest whole percent, of each
6 gasoline additive.
7 [(ii)] (2) This information shall be set forth in block
8 lettering which is at least one-quarter inch in size.
9 [(2) When providing pump signs to purchasers of its
10 gasoline who intend to resell the gasoline to the public or
11 to retail service station dealers, the manufacturer shall
12 provide an adequate number of the signs for the purchaser or
13 retail service stations to whom the purchaser sells, to meet
14 the requirements of this act.]
15 (d) Representatives.--No person who distributes gasoline may
16 make any representation respecting the antiknock characteristics
17 of such gasoline unless such representation fairly discloses the
18 octane rating of such gasoline consistent with such gasoline's
19 octane rating as certified to, or determined by, such person
20 under this section.
21 (e) Requirements.--For purposes of this section, the octane
22 rating of any gasoline shall be considered to be certified,
23 displayed or represented:
24 (1) in the case of gasoline which consists of a blend of
25 two or more quantities of gasoline of differing octane
26 ratings, only if the rating certified, displayed or
27 represented by such person is the average octane ratings of
28 such quantities, weighted by volume; or
29 (2) in the case of gasoline which does not consist of
30 such a blend, only if the octane rating such person
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1 certifies, displays or represents is the same as the octane
2 rating of such gasoline certified to, or determined by, such
3 person.
4 Section 3. The act is amended by adding sections to read:
5 Section 3.1. Powers and duties of the department.
6 The department shall have the power and its duty shall be:
7 (1) To adopt rules and regulations setting forth
8 standards relating to petroleum product quality, including
9 octane levels and additives, specifications, sampling and
10 testing, consistent with standards established by the
11 American Society for Testing and Materials (ASTM) and
12 published in the ASTM annual book.
13 (2) To conduct random testing, inspection and sampling
14 of petroleum products kept, offered for sale or dispensed, or
15 in the process of delivery or transport and inspect all
16 documents and records necessary to enforce this act.
17 (3) Upon the complaint of any distributor or retailer,
18 to test or cause to be tested, gasoline on the premises of
19 the person, firm or corporation named in the complaint.
20 (4) To enter into agreements as deemed appropriate to
21 enforce standards established under this act.
22 (5) To assess an administrative fee on complaints filed
23 under this section in an amount not to exceed the actual cost
24 incurred by the department.
25 Section 3.2. Prohibitions.
26 (a) Incorrect octane number.--No person shall sell,
27 transfer, offer for sale or dispense any grade of gasoline
28 represented as having a particular octane number unless the
29 gasoline in fact has the octane number represented.
30 (b) Failure to meet standards.--No person shall sell, offer
19950H0919B2094 - 5 -
1 for sale or dispense gasoline in this Commonwealth which does
2 not meet or exceed applicable standards established under this
3 act.
4 Section 4. Section 5 of the act is amended to read:
5 Section 5. Penalties.
6 Any manufacturer, refiner, distributor, retail service
7 station dealer or other person who fails to comply with the
8 provisions of this act [after being notified by the manufacturer
9 under section 3, and a manufacturer who fails to comply with the
10 provisions of this act,] commits a summary offense and shall,
11 upon conviction, for the first offense, be sentenced to pay a
12 fine not exceeding $100 and, for a second and each subsequent
13 offense, be sentenced to pay a fine not exceeding $200.
14 Section 5. This act shall take effect in 30 days.
15 SECTION 1. SHORT TITLE. <--
16 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE AUTOMOTIVE
17 FUEL TESTING ACT.
18 SECTION 2. DEFINITIONS.
19 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
20 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
21 CONTEXT CLEARLY INDICATES OTHERWISE:
22 "AMERICAN SOCIETY FOR TESTING AND MATERIALS" OR "ASTM." AN
23 ORGANIZATION WHICH DEVELOPS QUALITY STANDARDS AND TEST METHODS
24 FOR PETROLEUM PRODUCTS.
25 "ANTIKNOCK CHARACTERISTICS." THE NUMBER ASSIGNED TO AN
26 AUTOMOTIVE FUEL WHICH DESIGNATES THE ANTIKNOCK QUALITY OF SUCH
27 FUEL.
28 "ANTIKNOCK QUALITY." THE DISTINCTIVE PROPERTIES OR
29 COMPONENTS OF A GRADE OR TYPE OF AUTOMOTIVE FUEL WHICH ENHANCE
30 THE PERFORMANCE OF SUCH FUEL.
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1 "AUTOMOTIVE FUEL." A LIQUID FUEL OF A TYPE DISTRIBUTED FOR
2 USE AS A FUEL IN ANY MOTOR VEHICLE. THE TERM SHALL INCLUDE, BUT
3 IS NOT LIMITED TO:
4 (1) AUTOMOTIVE SPARK-IGNITION ENGINE FUEL, WHICH
5 INCLUDES, BUT IS NOT LIMITED TO:
6 (I) GASOLINE.
7 (II) GASOHOL, A MIXTURE OF UNLEADED GASOLINE AND AT
8 LEAST 10% DENATURED ETHANOL.
9 (III) FUELS DEVELOPED TO COMPLY WITH THE CLEAN AIR
10 ACT (PUBLIC LAW 95-95, 42 U.S.C. § 7401 ET SEQ.), SUCH AS
11 REFORMULATED GASOLINE AND OXYGENATED GASOLINE.
12 (2) ALTERNATIVE LIQUID AUTOMOTIVE FUELS, INCLUDING, BUT
13 NOT LIMITED TO:
14 (I) METHANOL, DENATURED ETHANOL AND OTHER ALCOHOLS.
15 (II) MIXTURES OF GASOLINE CONTAINING 85% OR MORE BY
16 VOLUME OF METHANOL, DENATURED ETHANOL AND OTHER ALCOHOLS.
17 (III) LIQUIFIED NATURAL GAS.
18 (IV) LIQUIFIED PETROLEUM GAS.
19 (V) COAL-DERIVED LIQUID FUELS.
20 "AUTOMOTIVE FUEL RATING." FOR AUTOMOTIVE SPARK-IGNITION
21 ENGINE FUEL, THE OCTANE RATING OR, FOR ALTERNATIVE LIQUID
22 AUTOMOTIVE FUEL, THE COMMONLY USED NAME OF THE FUEL WITH A
23 DISCLOSURE OF THE AMOUNT, EXPRESSED AS A MINIMUM PERCENT BY
24 VOLUME, OF THE PRINCIPAL COMPONENTS OF THE FUEL.
25 "CONSUMER." A PERSON WHO PURCHASES AUTOMOTIVE FUEL FOR
26 PURPOSES OTHER THAN RESALE.
27 "DEPARTMENT." THE DEPARTMENT OF AGRICULTURE OF THE
28 COMMONWEALTH.
29 "DISPENSER" OR "DISPENSING SYSTEM." A DEVICE DESIGNED TO
30 MEASURE AND DELIVER AUTOMOTIVE FUEL INTO THE FUEL SUPPLY TANK OF
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1 A MOTOR VEHICLE.
2 "DISTRIBUTOR." A PERSON WHO RECEIVES AUTOMOTIVE FUEL IN THIS
3 COMMONWEALTH FOR STORAGE AND SUBSEQUENT DISTRIBUTION TO ANOTHER
4 PERSON OTHER THAN THE CONSUMER.
5 "EPA." THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY.
6 "FTC." THE UNITED STATES FEDERAL TRADE COMMISSION.
7 "OCTANE RATING" OR "OCTANE NUMBER." THE RATING OF THE
8 ANTIKNOCK CHARACTERISTICS OF A GRADE OR TYPE OF AUTOMOTIVE FUEL,
9 AS DETERMINED BY DIVIDING BY TWO THE SUM OF THE RESEARCH OCTANE
10 NUMBER PLUS THE MOTOR OCTANE NUMBER, UNLESS ANOTHER PROCEDURE IS
11 DETERMINED BY THE DEPARTMENT OF AGRICULTURE TO BE MORE
12 APPROPRIATE FOR THE PURPOSES OF THIS ACT.
13 "OXYGENATE." A SUBSTANCE WHICH, WHEN ADDED TO GASOLINE,
14 INCREASES THE AMOUNT OF OXYGEN IN THAT GASOLINE BLEND.
15 "OXYGENATE BLENDER." A PERSON WHO OWNS, LEASES, OPERATES,
16 CONTROLS OR SUPERVISES AN OXYGENATE BLENDING FACILITY.
17 "OXYGENATE BLENDING FACILITY." A REFINERY, BULK TERMINAL,
18 BULK PLANT, OTHER FACILITY OR TRUCK OR ANOTHER PLACE AT WHICH
19 OXYGENATED GASOLINE IS PRODUCED.
20 "OXYGENATED GASOLINE." GASOLINE WHICH CONTAINS AT LEAST 2%
21 OXYGEN BY WEIGHT.
22 "PERSON." A NATURAL PERSON, CORPORATION, PARTNERSHIP,
23 ASSOCIATION OR OTHER LEGAL ENTITY.
24 "PRODUCER." A PERSON WHO PURCHASES COMPONENT ELEMENTS AND
25 BLENDS THEM TO PRODUCE AUTOMOTIVE FUEL.
26 "REFINER." A PERSON ENGAGED IN THE MANUFACTURE, PRODUCTION
27 OR IMPORTATION OF AUTOMOTIVE FUEL.
28 "REFORMULATED GASOLINE." ANY GASOLINE WHICH IS CERTIFIED BY
29 THE ENVIRONMENTAL PROTECTION AGENCY AS COMPLYING WITH THE
30 REQUIREMENTS OF SECTION 211 OF THE CLEAN AIR ACT (PUBLIC LAW 95-
19950H0919B2094 - 8 -
1 95, 42 U.S.C. § 7401 ET SEQ.) AND ANY REGULATIONS PROMULGATED
2 PURSUANT TO THE CLEAN AIR ACT.
3 "RESEARCH OCTANE NUMBER" AND "MOTOR OCTANE NUMBER." THE
4 TERMS SHALL HAVE THE MEANINGS GIVEN THESE TERMS IN THE
5 SPECIFICATIONS OF THE AMERICAN SOCIETY FOR TESTING AND MATERIALS
6 ENTITLED "STANDARD SPECIFICATIONS FOR AUTOMOTIVE SPARK IGNITION
7 ENGINE FUEL," DESIGNATED D4814, AND, WITH RESPECT TO ANY GRADE
8 OR TYPE OF AUTOMOTIVE FUEL, ARE DETERMINED IN ACCORDANCE WITH
9 THE TEST METHODS SET FORTH IN AMERICAN SOCIETY FOR TESTING AND
10 MATERIALS STANDARD TEST METHODS, DESIGNATED D2699, "STANDARD
11 TEST METHOD FOR KNOCK CHARACTERISTICS OF MOTOR FUELS BY THE
12 RESEARCH METHOD," AND ASTM D2700, "STANDARD TEST METHOD FOR
13 KNOCK CHARACTERISTICS OF MOTOR AND AVIATION FUELS BY THE MOTOR
14 METHOD."
15 "RETAILER." A PERSON WHO SELLS AUTOMOTIVE FUEL TO THE
16 CONSUMER.
17 "SECRETARY." THE SECRETARY OF AGRICULTURE OF THE
18 COMMONWEALTH.
19 SECTION 3. AUTOMOTIVE FUEL TESTING AND DISCLOSURE PROGRAM.
20 (A) ESTABLISHMENT.--THE DEPARTMENT SHALL ESTABLISH AND
21 IMPLEMENT THE AUTOMOTIVE FUEL TESTING AND DISCLOSURE PROGRAM.
22 (B) PROGRAM REQUIREMENTS.--THE AUTOMOTIVE FUEL TESTING AND
23 DISCLOSURE PROGRAM SHALL PROVIDE FOR THE TESTING OF AUTOMOTIVE
24 FUEL ON A RANDOM AND PERIODIC BASIS AND OTHERWISE AS DETERMINED
25 NECESSARY BY THE DEPARTMENT.
26 (C) DUTIES OF DEPARTMENT.--THE DEPARTMENT SHALL ENFORCE THE
27 PROVISIONS OF THIS ACT AND SHALL:
28 (1) APPOINT OR EMPLOY SUCH INSPECTORS AS MAY BE
29 NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ACT.
30 (2) TAKE SAMPLES OF AUTOMOTIVE FUEL WHEREVER IT IS
19950H0919B2094 - 9 -
1 PROCESSED, PRODUCED, BLENDED, HELD, STORED, IMPORTED,
2 TRANSFERRED, OFFERED OR EXPOSED FOR SALE OR USE OR SOLD IN
3 THIS COMMONWEALTH. THE SAMPLES SHALL BE TAKEN IN ACCORDANCE
4 WITH PROCEDURES AND STANDARDS PRESCRIBED BY ASTM.
5 (3) INSPECT AND TEST AUTOMOTIVE FUEL SAMPLES IN
6 ACCORDANCE WITH THE METHODS OF THE ASTM OR OTHER TEST METHODS
7 ADOPTED BY THE FTC PURSUANT TO THE PETROLEUM MARKETING
8 PRACTICES ACT (PUBLIC LAW 95-297, 15 U.S.C. § 2801 ET SEQ.)
9 OR BY REGULATION OF THE DEPARTMENT TO DETERMINE WHETHER SUCH
10 AUTOMOTIVE FUEL COMPLIES WITH THE REQUIREMENTS OF THIS ACT.
11 (4) INSPECT AUTOMOTIVE FUEL STORAGE TANKS TO ENSURE THAT
12 THE PRODUCTS ARE FREE FROM EXCESS WATER AND IMPURITIES.
13 (5) MAINTAIN RECORDS OF ALL INSPECTIONS.
14 (6) INSPECT AND TEST SAMPLES SUBMITTED TO THE DEPARTMENT
15 BY A DISTRIBUTOR OR RETAILER. THE DEPARTMENT MAY BY
16 REGULATION ESTABLISH AND COLLECT FEES FROM ANY DISTRIBUTOR OR
17 RETAILER WHO SUBMITS AUTOMOTIVE FUEL SAMPLES TO THE
18 DEPARTMENT FOR TESTING.
19 (7) INSPECT THE LABELING OF AUTOMOTIVE FUEL DISPENSERS
20 AND STORAGE TANKS AT RETAIL BUSINESSES OR LOCATIONS WHERE
21 SUCH PRODUCTS ARE SOLD OR OFFERED OR EXPOSED FOR SALE OR USE.
22 (8) DEVELOP PROCEDURES TO COORDINATE INSPECTION, TESTING
23 AND SAMPLING EFFORTS WITH CITY AND COUNTY SEALERS OF WEIGHTS
24 AND MEASURES AND WITH THE DEPARTMENT OF ENVIRONMENTAL
25 RESOURCES.
26 (9) ENTER INTO CONTRACTUAL AGREEMENTS WITH QUALIFIED
27 LABORATORIES FOR THE PURPOSE OF ANALYZING AUTOMOTIVE FUEL
28 SAMPLES.
29 (10) PROMULGATE SUCH REGULATIONS AS NECESSARY FOR THE
30 ENFORCEMENT AND ADMINISTRATION OF THIS ACT.
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1 (D) SEALERS OF WEIGHT AND MEASURES.--THE DEPARTMENT MAY
2 ENTER INTO AGREEMENTS WITH ANY CITY OR COUNTY FOR WHICH A SEALER
3 HAS BEEN APPOINTED FOR THE ENFORCEMENT OF PROVISIONS OF THIS ACT
4 AND RULES OR REGULATIONS PROMULGATED UNDER THIS ACT. THE SEALER
5 OF A CITY OR COUNTY SHALL HAVE THE SAME AUTHORITY AND SHALL
6 PERFORM THE SAME DUTIES WITHIN THE CITY OR COUNTY AS ARE GRANTED
7 TO AND IMPOSED UPON THE DEPARTMENT WITH RESPECT TO THE
8 INSPECTION, TESTING AND TAKING OF AUTOMOTIVE FUEL SAMPLES.
9 (E) DEPARTMENT OF ENVIRONMENTAL RESOURCES.--THE DEPARTMENT
10 SHALL ENTER INTO AN AGREEMENT WITH THE DEPARTMENT OF
11 ENVIRONMENTAL RESOURCES WITH REGARD TO THE INSPECTION OF
12 OXYGENATED AND REFORMULATED GASOLINE FACILITIES AND WITH REGARD
13 TO THE TESTING OF OXYGENATED AND REFORMULATED GASOLINE. THE
14 AGREEMENT SHALL SET FORTH THE RESPECTIVE RESPONSIBILITIES OF
15 EACH AGENCY AND SHALL, TO THE MAXIMUM EXTENT FEASIBLE, AVOID
16 DUPLICATE INSPECTION OF A FACILITY AND DUPLICATE TESTING OF
17 OXYGENATED OR REFORMULATED GASOLINE FROM A FACILITY.
18 SECTION 4. STANDARDS FOR AUTOMOTIVE FUEL.
19 (A) ADOPTION OF STANDARDS.--THE DEPARTMENT SHALL ADOPT
20 STANDARDS FOR AUTOMOTIVE SPARK-IGNITION ENGINE FUELS. THE
21 DEPARTMENT SHALL ADOPT THE LATEST STANDARDS OF THE ASTM OR OTHER
22 STANDARDS AS DETERMINED BY THE FTC.
23 (B) AUTOMOTIVE FUEL.--AUTOMOTIVE FUEL SOLD, OFFERED OR
24 EXPOSED FOR SALE, STORED OR HELD FOR DISTRIBUTION IN THIS
25 COMMONWEALTH SHALL NOT BE CONTAMINATED WITH WATER OR OTHER
26 IMPURITIES AND, IN THE CASE OF GASOLINE, SHALL COMPLY WITH ASTM
27 SPECIFICATION D4814 AND WITH THE VOLATILITY REQUIREMENTS
28 PROMULGATED BY THE EPA UNDER 40 CFR PART 80. GASOLINE MAY BE
29 BLENDED WITH AN AGRICULTURALLY DERIVED ETHANOL OR WITH A
30 DETERGENT ADDITIVE, ANTIKNOCK ADDITIVE OR ANY OTHER ADDITIVE
19950H0919B2094 - 11 -
1 APPROVED AND REGISTERED BY THE EPA. AFTER GASOLINE IS SOLD,
2 TRANSFERRED OR OTHERWISE REMOVED FROM A REFINERY, THE GASOLINE
3 SHALL NOT BE SOLD, OFFERED OR EXPOSED FOR SALE OR STORED OR HELD
4 FOR DISTRIBUTION TO A CONSUMER IN THIS COMMONWEALTH IF IT HAS
5 BEEN:
6 (1) BLENDED WITH ANY OTHER PETROLEUM PRODUCT WHICH IS
7 NOT GASOLINE UNLESS THE BLENDED PRODUCT CONFORMS WITH ASTM
8 STANDARDS.
9 (2) BLENDED WITH PRODUCTS COMMONLY AND COMMERCIALLY
10 KNOWN AS CASINGHEAD GASOLINE, ABSORPTION GASOLINE,
11 CONDENSATION GASOLINE, DRIP GASOLINE OR NATURAL GASOLINE.
12 (3) BLENDED WITH ANY CONTAMINANT.
13 (C) RECORDS AND AUDITS.--EACH DISTRIBUTOR, PRODUCER OR
14 RETAILER WHO DISTRIBUTES, PRODUCES, TRANSPORTS, STORES, SELLS OR
15 OFFERS OR EXPOSES FOR SALE AUTOMOTIVE FUEL IN THIS COMMONWEALTH
16 SHALL MAINTAIN FOR ONE YEAR ORIGINAL COPIES OF ALL BILLS,
17 MANIFESTS, DELIVERY TICKETS, INVOICES AND ANY OTHER INFORMATION
18 THE DEPARTMENT MAY BY REGULATION REQUIRE FOR THE PURPOSE OF
19 AUDITS BY THE DEPARTMENT.
20 (D) OXYGENATED GASOLINE.--WHENEVER OXYGENATED GASOLINE IS
21 REQUIRED TO BE SOLD, SUCH GASOLINE SHALL NOT BE SOLD OR OFFERED
22 OR EXPOSED FOR SALE OR STORED OR HELD FOR DISTRIBUTION TO A
23 CONSUMER UNLESS IT MEETS STANDARDS PROMULGATED PURSUANT TO THE
24 REQUIREMENTS OF THE CLEAN AIR ACT (PUBLIC LAW 95-95, 42 U.S.C. §
25 7401 ET SEQ.).
26 (E) REFORMULATED GASOLINE.--WHENEVER REFORMULATED GASOLINE
27 IS REQUIRED TO BE SOLD, SUCH GASOLINE SHALL NOT BE SOLD OR
28 OFFERED OR EXPOSED FOR SALE OR STORED OR HELD FOR DISTRIBUTION
29 TO A CONSUMER UNLESS IT HAS BEEN CERTIFIED AS REFORMULATED
30 GASOLINE IN ACCORDANCE WITH THE REQUIREMENTS OF THE CLEAN AIR
19950H0919B2094 - 12 -
1 ACT.
2 SECTION 5. AUTOMOTIVE FUEL RATING; DISCLOSURE AND LABELING
3 REQUIREMENTS.
4 (A) DISCLOSURE REQUIREMENTS.--EACH DISTRIBUTOR, PRODUCER OR
5 REFINER WHO SELLS OR OFFERS OR EXPOSES FOR SALE, DELIVERS,
6 DISTRIBUTES OR PRODUCES AUTOMOTIVE FUEL IN THIS COMMONWEALTH
7 SHALL PROVIDE, AT THE TIME OF DELIVERY, A BILL, SHIPPING
8 MANIFEST OR OTHER TYPE OF WRITTEN INVOICE TO THE PERSON WHO
9 RECEIVES THE AUTOMOTIVE FUEL. THE BILL, SHIPPING MANIFEST OR
10 OTHER WRITTEN INVOICE SHALL STATE THE AUTOMOTIVE FUEL RATING.
11 (B) POSTING AND LABELING REQUIREMENTS.--EACH RETAILER OF
12 AUTOMOTIVE FUEL IN THIS COMMONWEALTH SHALL LABEL IN A CLEAR AND
13 CONSPICUOUS MANNER EACH AUTOMOTIVE FUEL DISPENSER WHICH IS USED
14 TO SELL OR OFFER OR EXPOSE FOR SALE AUTOMOTIVE FUEL, WITH THE
15 AUTOMOTIVE FUEL RATING OF SUCH FUEL, WHICH SHALL BE CONSISTENT
16 WITH THE AUTOMOTIVE FUEL RATING CERTIFIED TO SUCH RETAILER BY
17 THE REFINER OR DISTRIBUTOR, AS THE CASE MAY BE. IN THE CASE OF
18 GASOLINE WHICH IS BLENDED WITH OTHER GASOLINE BY THE RETAILER,
19 THE AUTOMOTIVE FUEL RATING SHALL BE THE AVERAGE, WEIGHTED BY
20 VOLUME, OF THE OCTANE RATING CERTIFIED TO THE RETAILER BY THE
21 DISTRIBUTOR OR REFINER FOR EACH GASOLINE IN THE BLEND, OR
22 CONSISTENT WITH THE LOWEST OCTANE RATING FOR ANY GASOLINE IN THE
23 BLEND AS CERTIFIED TO THE RETAILER BY A REFINER OR DISTRIBUTOR.
24 (C) OXYGENATED GASOLINE LABELING REQUIREMENTS.--WHENEVER
25 OXYGENATED GASOLINE IS REQUIRED TO BE SOLD, A PERSON WHO SELLS
26 OR OFFERS OR EXPOSES SUCH GASOLINE FOR SALE SHALL CLEARLY AND
27 CONSPICUOUSLY LABEL THE DISPENSER WHICH IS USED TO SELL
28 OXYGENATED GASOLINE AT RETAIL OR TO DISPENSE OXYGENATED GASOLINE
29 INTO THE FUEL SUPPLY TANKS OF MOTOR VEHICLES WITH A NOTICE
30 STATING THAT THE GASOLINE IS OXYGENATED AND WILL REDUCE THE
19950H0919B2094 - 13 -
1 CARBON MONOXIDE EMISSIONS FROM THE MOTOR VEHICLE.
2 (D) REFORMULATED GASOLINE LABELING REQUIREMENTS.--WHENEVER
3 REFORMULATED GASOLINE IS REQUIRED TO BE SOLD, A PERSON WHO SELLS
4 OR OFFERS OR EXPOSES SUCH GASOLINE FOR SALE SHALL CLEARLY AND
5 CONSPICUOUSLY LABEL THE DISPENSER WHICH IS USED TO SELL
6 REFORMULATED GASOLINE AT RETAIL OR TO DISPENSE REFORMULATED
7 GASOLINE INTO THE FUEL SUPPLY TANKS OF MOTOR VEHICLES WITH A
8 NOTICE STATING THAT THE GASOLINE IS REFORMULATED.
9 (E) REPRESENTATION OF ANTIKNOCK CHARACTERISTICS OF
10 AUTOMOTIVE FUEL.--NO DISTRIBUTOR OF AUTOMOTIVE FUEL IN THIS
11 COMMONWEALTH SHALL MAKE ANY REPRESENTATION OF THE ANTIKNOCK
12 CHARACTERISTICS OF AUTOMOTIVE FUEL UNLESS THE REPRESENTATION
13 DISCLOSES THE AUTOMOTIVE FUEL RATING OF THE FUEL.
14 (F) STORAGE TANK LABELS; RETAIL LOCATIONS.--EACH RETAILER OF
15 AUTOMOTIVE FUEL SHALL ATTACH AN IDENTIFICATION DEVICE ON THE
16 INLET END OF THE FILL PIPE OF AN AUTOMOTIVE FUEL STORAGE TANK AT
17 RETAIL LOCATIONS WHERE AUTOMOTIVE FUEL IS SOLD OR OFFERED OR
18 EXPOSED FOR SALE. THE IDENTIFICATION DEVICE SHALL CLEARLY
19 DISPLAY THE AUTOMOTIVE FUEL RATING OF THE AUTOMOTIVE FUEL HELD
20 IN THE STORAGE TANK. THE AUTOMOTIVE FUEL RATING DISPLAYED ON THE
21 IDENTIFICATION DEVICE SHALL BE CONSISTENT WITH THE AUTOMOTIVE
22 FUEL RATING DISPLAYED ON THE DISPENSING SYSTEM THROUGH WHICH THE
23 FUEL IS DISPENSED.
24 (G) LABELING TOLERANCE.--IN ACCORDANCE WITH SPECIFICATIONS
25 OF THE ASTM ENTITLED "SPECIFICATIONS FOR AUTOMOTIVE SPARK
26 IGNITION-ENGINE FUEL," DESIGNATED D4814, IN THE CASE OF
27 GASOLINE, TOLERANCE ALLOWED SHALL BE LIMITED TO 0.7 FOR 87
28 OCTANE AND UNDER AND 0.6 FOR ALL OTHER OCTANE GRADES.
29 (H) FEDERAL REGULATIONS.--ALL REGULATIONS AND SUPPLEMENTS
30 THERETO OR REVISIONS THEREOF ADOPTED BY THE FTC PURSUANT TO THE
19950H0919B2094 - 14 -
1 PETROLEUM MARKETING PRACTICES ACT (PUBLIC LAW 95-297, 15 U.S.C.
2 § 2801 ET SEQ.) TO GOVERN THE CERTIFICATION, DISCLOSURE, POSTING
3 AND LABELING OF AUTOMOTIVE FUEL BEFORE, ON OR AFTER THE
4 EFFECTIVE DATE OF THIS ACT ARE HEREBY ADOPTED AS REGULATIONS IN
5 THIS COMMONWEALTH AND SHALL REMAIN IN EFFECT UNLESS SUBSEQUENTLY
6 MODIFIED BY REGULATIONS PROMULGATED BY THE DEPARTMENT.
7 SECTION 6. INVESTIGATIONS.
8 (A) GENERAL RULE.--THE DEPARTMENT MAY CONDUCT INVESTIGATIONS
9 TO DETERMINE COMPLIANCE WITH THIS ACT OR ANY REGULATION
10 PROMULGATED PURSUANT TO THIS ACT. INSPECTIONS SHALL BE PERFORMED
11 DURING NORMAL BUSINESS HOURS AND SHALL INCLUDE THE COLLECTION
12 AND REMOVAL OF SAMPLES FOR LABORATORY TESTING.
13 (B) ENTRY UPON PREMISES.--THE DEPARTMENT SHALL HAVE THE
14 RIGHT OF ACCESS TO THE PREMISES AND RECORDS OF ANY ESTABLISHMENT
15 WHERE AUTOMOTIVE FUEL IS STORED, HELD, PROCESSED, DISTRIBUTED,
16 OFFERED OR EXPOSED FOR SALE OR SOLD IN THIS COMMONWEALTH TO:
17 (1) INSPECT THE AUTOMOTIVE FUEL IN STORAGE TANKS AND
18 TAKE SAMPLES FROM SUCH TANKS AND THE DISPENSING SYSTEM
19 CONNECTED TO THE STORAGE TANKS. THE RETAILER OR DISTRIBUTOR
20 MAY REQUEST A SECOND SAMPLE TO BE TAKEN BY THE INSPECTOR AT
21 THE SAME TIME THE INITIAL SAMPLE IS DRAWN. ALL COSTS OF THE
22 SECOND SAMPLE SHALL BE PAID BY THE RETAILER OR DISTRIBUTOR,
23 AS THE CASE MAY BE, MAKING THE REQUEST. IF THE REQUEST FOR A
24 SECOND SAMPLE IS MADE BY THE RETAILER IN ACCORDANCE WITH
25 PROCEDURES ESTABLISHED THROUGH AN AGREEMENT WITH THE
26 DISTRIBUTOR, PRODUCER OR REFINER, ALL COSTS OF DRAWING,
27 HANDLING AND SHIPPING THE SAMPLE SHALL BE BORNE BY THE
28 DISTRIBUTOR, PRODUCER OR REFINER WHO SUPPLIED THE AUTOMOTIVE
29 FUEL TO THE RETAILER. IF THE REQUEST FOR A SECOND SAMPLE IS
30 MADE BY THE DISTRIBUTOR IN ACCORDANCE WITH PROCEDURES
19950H0919B2094 - 15 -
1 ESTABLISHED THROUGH AN AGREEMENT WITH THE PRODUCER OR
2 REFINER, ALL COSTS OF DRAWING, HANDLING AND SHIPPING THE
3 SAMPLE SHALL BE BORNE BY THE PRODUCER OR REFINER WHO SUPPLIED
4 THE AUTOMOTIVE FUEL TO THE DISTRIBUTOR.
5 (2) INSPECT AUTOMOTIVE FUEL DISPENSING SYSTEMS AND
6 RELATED EQUIPMENT, OXYGENATE LABELS, REFORMULATED LABELS AND
7 OCTANE LABELS.
8 (3) AUDIT AND MAKE COPIES OF AUTOMOTIVE FUEL SHIPPING,
9 RECEIVING AND INVOICE DOCUMENTS AND RECORDS TO DETERMINE
10 COMPLIANCE WITH SECTIONS 4 AND 5.
11 THE DEPARTMENT SHALL LIMIT SUCH INSPECTIONS, AUDITING AND
12 COPYING TO INFORMATION AND DATA RELATING TO PRODUCT QUANTITY,
13 QUALITY, OXYGEN CONTENT AND OCTANE.
14 (C) REMEDIES.--WHENEVER THE DEPARTMENT DETERMINES THAT AN
15 AUTOMOTIVE FUEL SAMPLE DOES NOT CONFORM WITH THE STANDARDS SET
16 FORTH IN SECTION 4 OR THAT A LABEL DISPLAYED ON A DISPENSING
17 SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE DOES NOT CONFORM
18 WITH THE REQUIREMENTS OF SECTION 5, THE DEPARTMENT MAY INITIATE
19 ANY OR ALL OF THE FOLLOWING ACTIONS TO PROHIBIT SALE OF THE
20 NONCONFORMING AUTOMOTIVE FUEL OR TO PROHIBIT THE USE OF THE
21 NONCONFORMING DISPENSING SYSTEM, STORAGE TANK OR OTHER
22 DISPENSING DEVICE:
23 (1) REJECT AND MARK AS REJECTED THE DISPENSING SYSTEM,
24 STORAGE TANK OR OTHER DISPENSING DEVICE FROM WHICH THE SAMPLE
25 WAS OBTAINED OR ON WHICH THE NONCONFORMING LABEL IS ATTACHED.
26 (2) SEAL AND MARK AS SEALED THE STORAGE TANKS FROM WHICH
27 THE SAMPLE WAS DRAWN OR THE NONCONFORMING LABEL ATTACHED.
28 (3) INITIATE CRIMINAL PROCEEDINGS UNDER SECTION 7(D).
29 (4) ISSUE A CITATION.
30 (5) ISSUE A STOP SALE NOTICE UNDER SUBSECTION (E).
19950H0919B2094 - 16 -
1 (6) ADVISE THE RETAILER OR DISTRIBUTOR THAT THE
2 AUTOMOTIVE FUEL MUST BE BLENDED WITH ANOTHER AUTOMOTIVE FUEL
3 TO BRING IT INTO COMPLIANCE, PROVIDED THAT THE PRODUCT DOES
4 NOT ENDANGER PUBLIC HEALTH OR SAFETY OR ADVERSELY AFFECT THE
5 EMISSIONS CHARACTERISTICS OF THE MOTOR VEHICLES IN WHICH IT
6 IS USED.
7 (7) ISSUE A WRITTEN WARNING DIRECTING THE RETAILER OR
8 DISTRIBUTOR TO CORRECT THE NONCONFORMING LABEL.
9 (D) NONCONFORMING OXYGENATED OR REFORMULATED GASOLINE.--
10 WHENEVER THE DEPARTMENT FINDS OR DETERMINES THAT AN OXYGENATED
11 OR REFORMULATED GASOLINE SAMPLE DOES NOT CONFORM WITH THE
12 REQUIREMENTS OF THIS ACT OR WITH STANDARDS ADOPTED BY THE EPA,
13 THE DEPARTMENT SHALL NOTIFY IN WRITING THE DEPARTMENT OF
14 ENVIRONMENTAL RESOURCES OF ITS DETERMINATION. WRITTEN
15 NOTIFICATION SHALL INCLUDE THE NAME OF THE RETAILER,
16 DISTRIBUTOR, OXYGENATED FUEL BLENDER OR PRODUCER FROM WHOM THE
17 SAMPLE WAS OBTAINED, THE BUSINESS ADDRESS OF SUCH RETAILER,
18 DISTRIBUTOR, OXYGENATED FUEL BLENDER OR PRODUCER AND THE
19 PARTICULARS OF THE DEPARTMENT'S FINDINGS. NOTHING IN THIS
20 SECTION SHALL REQUIRE THE DEPARTMENT TO INSPECT OXYGENATED OR
21 REFORMULATED GASOLINE FACILITIES OR RETAIL ESTABLISHMENTS WHERE
22 OXYGENATED OR REFORMULATED GASOLINE IS PRODUCED OR SOLD OR
23 OFFERED OR EXPOSED FOR SALE IF THE DEPARTMENT OF ENVIRONMENTAL
24 RESOURCES IS PERFORMING SUCH FUNCTION.
25 (E) STOP SALE NOTICE.--THE DEPARTMENT SHALL HAVE THE
26 AUTHORITY TO IMMEDIATELY SEIZE AND SEAL, IN ORDER TO PREVENT
27 FURTHER SALES, ANY DISPENSING SYSTEM, STORAGE TANK OR OTHER
28 DISPENSING DEVICE FROM WHICH AUTOMOTIVE FUEL IS SOLD OR OFFERED
29 OR EXPOSED FOR SALE IN VIOLATION OF THE PROVISIONS OF THIS ACT
30 AND TO ISSUE A STOP SALE NOTICE TO THE RETAILER OR DISTRIBUTOR,
19950H0919B2094 - 17 -
1 IF THE RETAILER OR DISTRIBUTOR HAS PREVIOUSLY BEEN ASSESSED A
2 CIVIL PENALTY FOR A VIOLATION OF THIS ACT OR THE REGULATIONS
3 PROMULGATED IN ACCORDANCE WITH THIS ACT. ANY AUTOMOTIVE FUEL
4 SUBJECT TO A STOP SALE NOTICE SHALL NOT BE SOLD OR EXPOSED OR
5 OFFERED FOR SALE OR TRANSPORTED UNLESS THE RETAILER OR
6 DISTRIBUTOR HAS RECEIVED APPROVAL FROM THE DEPARTMENT.
7 AUTOMOTIVE FUEL WHICH HAS BEEN SEIZED AND SEALED BY THE
8 DEPARTMENT FOR VIOLATION OF SECTION 4 OR 5 SHALL NOT BE OFFERED
9 OR EXPOSED FOR SALE UNTIL THE DEPARTMENT HAS BEEN FULLY
10 SATISFIED THAT THE AUTOMOTIVE FUEL HAS BEEN BLENDED OR REFINED
11 OR PROPERLY LABELED TO MEET THE REQUIREMENTS OF THIS ACT, AND
12 THE RETAILER OR DISTRIBUTOR HAS BEEN NOTIFIED OF THE
13 DEPARTMENT'S DECISION TO PERMIT THE SALE OR RELABELING OF THE
14 FUEL.
15 (F) POSTING OF STOP SALE NOTICE.--THE DEPARTMENT SHALL CAUSE
16 TO BE POSTED IN A CONSPICUOUS PLACE ON THE PREMISES WHERE A
17 DISPENSING SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE HAS
18 BEEN SEALED A NOTICE STATING THAT SEALING HAS TAKEN PLACE AND
19 GIVING WARNING THAT IT SHALL BE UNLAWFUL TO BREAK, MUTILATE OR
20 DESTROY THE SEAL OR TO REMOVE THE CONTENTS OF THE DISPENSING
21 SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE WITHOUT THE
22 APPROVAL OF THE DEPARTMENT.
23 (G) NOTICE REQUIRED TO REMOVE SEAL.--ANY RETAILER,
24 DISTRIBUTOR OR PRODUCER WHO OWNS AN AUTOMOTIVE FUEL DISPENSING
25 SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE WHICH HAS BEEN
26 SEALED BY THE DEPARTMENT SHALL OBTAIN THE APPROVAL OF THE
27 DEPARTMENT BEFORE THE FUEL IS REMOVED OR A PROPER LABEL
28 ATTACHED. A WRITTEN NOTICE OF ANY CORRECTIVE ACTION TAKEN SHALL
29 BE SUBMITTED TO THE DEPARTMENT WITHIN THREE WORKING DAYS. THE
30 DEPARTMENT MAY REINSPECT THE AUTOMOTIVE FUEL DISPENSING SYSTEM,
19950H0919B2094 - 18 -
1 STORAGE TANK OR OTHER DISPENSING DEVICE TO DETERMINE COMPLIANCE.
2 THE RETAILER, DISTRIBUTOR, PRODUCER OR REFINER WHO OWNS THE
3 SYSTEM OR DEVICE WHICH HAS BEEN SEALED SHALL PROVIDE
4 DOCUMENTATION OF THE CORRECTIVE ACTION TAKEN, INCLUDING ANY
5 APPLICABLE SHIPPING PAPERS OR BILLS OF LADING SHOWING THE
6 DISPOSAL OR FINAL DISPOSITION OF THE AUTOMOTIVE FUEL AND SUCH
7 OTHER INFORMATION NECESSARY TO PERMIT THE DEPARTMENT TO AUDIT
8 AND CONFIRM THAT THE CORRECTIVE ACTION WAS AS PREVIOUSLY
9 APPROVED BY THE DEPARTMENT. A RETAILER, DISTRIBUTOR, PRODUCER OR
10 REFINER SHALL NOT REMOVE A SEAL EXCEPT WHEN GIVEN SPECIFIC
11 APPROVAL BY THE DEPARTMENT.
12 SECTION 7. VIOLATIONS AND PENALTIES.
13 (A) RETAIL VIOLATIONS.--THE DEPARTMENT MAY ASSESS A CIVIL
14 PENALTY OF NOT MORE THAN $5,000 UPON A RETAILER WHO SELLS OR
15 OFFERS OR EXPOSES FOR SALE AUTOMOTIVE FUEL FROM ANY DISPENSING
16 SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE WHICH HAS NOT
17 BEEN LABELED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT, OR
18 WHO SELLS OR OFFERS OR EXPOSES FOR SALE ANY AUTOMOTIVE FUEL
19 WHICH DOES NOT MEET THE REQUIRED STANDARDS FOR AUTOMOTIVE FUEL
20 RATING DISPLAYED ON THE LABEL ATTACHED TO THE DISPENSING SYSTEM,
21 STORAGE TANK OR OTHER DISPENSING DEVICE, OR WHO SELLS OR OFFERS
22 OR EXPOSES FOR SALE AUTOMOTIVE FUEL WHICH HAS BEEN CONTAMINATED.
23 (B) DISTRIBUTOR, PRODUCER OR REFINER VIOLATIONS.--THE
24 DEPARTMENT MAY ASSESS A CIVIL PENALTY OF NOT MORE THAN $5,000
25 UPON A DISTRIBUTOR, PRODUCER OR REFINER WHO SELLS OR OFFERS OR
26 EXPOSES FOR SALE AUTOMOTIVE FUEL WHICH DOES NOT MEET THE
27 AUTOMOTIVE FUEL RATING CERTIFIED BY THE DISTRIBUTOR, PRODUCER OR
28 REFINER OR WHO SELLS OR OFFERS OR EXPOSES FOR SALE AUTOMOTIVE
29 FUEL WHICH DOES NOT MEET THE REQUIREMENTS OF SECTION 4.
30 (C) KNOWLEDGE OF DECEPTIVE PRACTICE.--IN ADDITION TO ANY
19950H0919B2094 - 19 -
1 CIVIL PENALTY IMPOSED FOR VIOLATIONS OF SUBSECTION (A) OR (B),
2 THE DEPARTMENT MAY ASSESS A DISTRIBUTOR, PRODUCER, REFINER OR
3 RETAILER WITH AN ADDITIONAL CIVIL PENALTY EQUAL TO THE
4 DIFFERENCE BETWEEN THE PRICE PER GALLON CHARGED TO THE CONSUMER
5 FOR THE AUTOMOTIVE FUEL IN QUESTION AND THE PRICE PER GALLON
6 CHARGED TO THE CONSUMER FOR THE LOWEST OCTANE GRADE AT THE
7 RETAIL DISPENSING FACILITY AT THE TIME OF THE VIOLATION,
8 MULTIPLIED BY THE CAPACITY OF THE STORAGE TANK FROM WHICH THE
9 PRODUCT IN QUESTION WAS DISPENSED, IF THE DISTRIBUTOR, PRODUCER,
10 REFINER OR RETAILER VIOLATES ANY PROVISIONS OF THIS ACT OR ANY
11 REGULATIONS PROMULGATED PURSUANT TO THIS ACT WITH ACTUAL
12 KNOWLEDGE THAT THE ACT OR PRACTICE UNDERLYING THE VIOLATION IS
13 UNFAIR OR DECEPTIVE.
14 (D) REPEAT VIOLATIONS.--IN ADDITION TO ANY CIVIL PENALTY
15 ASSESSED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION, THE
16 DEPARTMENT MAY INITIATE CRIMINAL PROCEEDINGS FOR A THIRD OR
17 SUBSEQUENT VIOLATION OF SECTIONS 4 AND 5 OR ANY REGULATIONS
18 PROMULGATED PURSUANT TO SUCH SECTIONS. SUCH A THIRD OR
19 SUBSEQUENT VIOLATION SHALL CONSTITUTE A MISDEMEANOR OF THE THIRD
20 DEGREE.
21 (E) REMOVAL OF SEALS.--THE DEPARTMENT MAY ASSESS A CIVIL
22 PENALTY OF NOT LESS THAN $1,000 NOR MORE THAN $5,000 ON ANY
23 PERSON, OTHER THAN A PERSON DESIGNATED BY THE DEPARTMENT, WHO
24 BREAKS, MUTILATES OR DESTROYS ANY SEAL PLACED UPON A DISPENSING
25 SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE USED TO DELIVER
26 OR STORE AUTOMOTIVE FUEL, OR WHO REMOVES AUTOMOTIVE FUEL FROM A
27 DISPENSING SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE WHICH
28 HAS BEEN SEALED, OR WHO DEFACES OR REMOVES A POSTED NOTICE OF
29 SEALING.
30 (F) HEARINGS.--NO CIVIL PENALTY SHALL BE ASSESSED UNDER THIS
19950H0919B2094 - 20 -
1 SECTION UNLESS THE PERSON CHARGED HAS BEEN GIVEN NOTICE AND
2 OPPORTUNITY FOR HEARING IN ACCORDANCE WITH 2 PA.C.S. (RELATING
3 TO ADMINISTRATIVE LAW AND PROCEDURE).
4 (G) INNOCENT SELLERS EXEMPTION.--THE DEPARTMENT SHALL NOT
5 IMPOSE A CIVIL PENALTY FOR A VIOLATION OF SUBSECTION (A)
6 REGARDING LABELING IF THE RETAILER LABELED THE DISPENSING
7 SYSTEM, STORAGE TANK OR OTHER DISPENSING DEVICE IN REASONABLE
8 RELIANCE ON DOCUMENTATION PROVIDED BY THE DISTRIBUTOR, PRODUCER
9 OR REFINER CERTIFYING THE STANDARDS FOR AUTOMOTIVE FUEL RATING.
10 (H) PRIVATE ACTION BY RETAILER.--WHENEVER A RETAILER
11 UNKNOWINGLY AND WITHOUT DECEPTION SELLS OR OFFERS OR EXPOSES FOR
12 SALE AUTOMOTIVE FUEL WHICH DOES NOT CONFORM WITH THE PROVISIONS
13 OF THIS ACT, THE DISTRIBUTOR, PRODUCER, OXYGENATE BLENDER OR
14 REFINER, AS THE CASE MAY BE, OF THE NONCONFORMING AUTOMOTIVE
15 FUEL SHALL BE LIABLE IN DAMAGES TO THE RETAILER FOR ANY
16 ASCERTAINABLE LOSS OF MONEY OR PROPERTY.
17 (I) ACTS OR PRACTICES CONSTITUTING UNFAIR TRADE.--IT SHALL
18 BE AN UNFAIR METHOD OF COMPETITION AND AN UNFAIR OR DECEPTIVE
19 ACT OR PRACTICE IN OR AFFECTING TRADE AND COMMERCE IN THIS
20 COMMONWEALTH WITHIN THE MEANING OF SECTION 3 OF THE ACT OF
21 DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE
22 PRACTICES AND CONSUMER PROTECTION LAW, FOR ANY RETAILER,
23 PRODUCER, DISTRIBUTOR, OXYGENATE BLENDER OR REFINER TO VIOLATE
24 THE PROVISIONS OF THIS ACT OR ANY REGULATIONS PROMULGATED
25 PURSUANT TO THIS ACT.
26 SECTION 8. DISPOSITION OF FUNDS.
27 PENALTIES COLLECTED UNDER SECTION 7, AS WELL AS MONEYS
28 DERIVED FROM THE IMPOSITION OF ANY FEES, SHALL BE PAID INTO A
29 SPECIAL RESTRICTED ACCOUNT IN THE STATE TREASURY, TO BE KNOWN AS
30 THE AUTOMOTIVE FUEL TESTING ACCOUNT, FOR USE BY THE DEPARTMENT
19950H0919B2094 - 21 -
1 IN ADMINISTERING THE PROVISIONS OF THIS ACT. ALL MONEYS PLACED
2 IN THE AUTOMOTIVE FUEL TESTING ACCOUNT UNDER THE PROVISIONS OF
3 THIS SECTION ARE HEREBY MADE AVAILABLE IMMEDIATELY AND ARE
4 HEREBY SPECIFICALLY APPROPRIATED TO THE DEPARTMENT FOR THE
5 PURPOSES SPECIFIED IN THIS ACT.
6 SECTION 9. EFFECTIVE DATE.
7 THIS ACT SHALL TAKE EFFECT JULY 1, 1995, OR, IF ENACTED AFTER
8 THAT DATE, THE DATE OF ENACTMENT.
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